Ram Kripal Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21656 of 2018 ====================================================== Ram Kripal Singh son of BalramSingh, resident of village-Mohanpur, p.S.- Muffasil Begusarai, Dist-Begusarai, presently posted as Headmaster cum Principal M/s Heritage International School, New congress Bhawan, Suhird Nagar, Dist-Begusarai ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Labour, New Delhi. 2.

The Regional Manager Employee State Insurance Corporation, Patna 3.

The Revenue Returning office, C.S.I. Patna 4.

The Branch Manager Employee state Insurance Corporation, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the ESIC :

Dr. Anshuman, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-07-2019 Heard learned counsel for the parties.

Learned counsel for the Employee State Insurance Corporation submits that the petitioner is challenging the order of the Recovery Officer which is emanating from the order passed under Section 45A of the E.S.I. Act, 1948. The Recovery Officer cannot go beyond the order passed under Section 45A of the Act, instead, the petitioner should have challenged the same in appeal under Section 45AA of the Act before the Appellate Authority.

In that view of the matter, this writ application is completely misconceived and misdirected and the same is,

Patna High Court CWJC No.21656 of 2018(2) dt.15-07-2019 2/2 accordingly, dismissed.

(Shivaji Pandey, J) rishi/- U